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Recess Appointments: Frequently Asked Questions

Description: This report supplies brief answers to some frequently-asked questions regarding recess appointments. These are appointments to high-level policy-making positions in federal departments which are generally confirmed by the Senate. When the Senate is in recess, the President may make a temporary appointment, called a recess appointment, to any such position without Senate approval.
Date: July 7, 2013
Creator: Hogue, Henry B.
Partner: UNT Libraries Government Documents Department

The Committee on Foreign Investment in the United States (CFIUS)

Description: This report gives a brief overview of P.L. 110-49, the Foreign Investment and National Security Act of 2007. Although both the President and Congress are directly involved in formulating the scope and direction of U.S. foreign investment policy, this law broadens Congress' oversight role; it also explicitly includes the areas of homeland security and critical infrastructure as separately-identifiable components of national security that the President must consider when evaluating the national security implications of a foreign investment transaction.
Date: January 2, 2014
Creator: Jackson, James K.
Partner: UNT Libraries Government Documents Department

Executive Order 13438: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq

Description: This report provides a brief history of the development of presidential powers in peacetime. It discusses some of the issues that might be raised in light of the contrast between the executive order's broad language and its narrow aim (supplementation of sanctions applicable to Al Qaeda and former Iraqi regime officials to cover terrorists operating in Iraq). It also examines the reach of the executive order and provides legal analyses of some of the constitutional questions raised in the courts by similar sanctions programs, noting that the broad language of the executive order is not unprecedented.
Date: January 24, 2014
Creator: Murphy, M. Maureen
Partner: UNT Libraries Government Documents Department

The Committee on Foreign Investment in the United States (CFIUS)

Description: This report gives a brief overview of P.L. 110-49, the Foreign Investment and National Security Act of 2007. Although both the President and Congress are directly involved in formulating the scope and direction of U.S. foreign investment policy, this law broadens Congress' oversight role; it also explicitly includes the areas of homeland security and critical infrastructure as separately-identifiable components of national security that the President must consider when evaluating the national security implications of a foreign investment transaction.
Date: June 12, 2013
Creator: Jackson, James K.
Partner: UNT Libraries Government Documents Department

Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations

Description: This report identifies, by Senate committee, presidentially appointed positions requiring Senate confirmation based on referrals as of the date of passage of S. 679, which became P.L. 112-166 on August 10, 2012.
Date: November 25, 2013
Creator: Davis, Christopher M. & Mansfield, Jerry W.
Partner: UNT Libraries Government Documents Department

Executive Orders: Issuance, Modification, and Revocation

Description: This report reviews the "definition" of an executive order and how it is distinguishable from other written instruments, and then provides an overview of the President's constitutional authority to issue such directives. Next, the report discusses the legal framework relied on by the courts to analyze the validity of presidential actions, and also discusses the roles of the President and Congress in modifying and revoking executive orders.
Date: April 16, 2014
Creator: Chu, Vivian S. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

Recess Appointments Made by President Barack Obama

Description: This report identifies recess appointments by President Obama, from the beginning of his presidency, on January 20, 2009, until June 3, 2013. The report discusses these recess appointments in the context of recess appointment authorities and practices generally, and it provides related statistics
Date: June 11, 2013
Creator: Hogue, Henry B. & Bearden, Maureen
Partner: UNT Libraries Government Documents Department

Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations

Description: This report identifies, by Senate committee, presidentially appointed positions requiring Senate confirmation based on referrals as of October 31, 2007. For each committee list, positions are categorized as full- or part-time and then grouped by department or agency. Where nominations have been referred to more than one committee, the organizations and titles are noted under each of the committees to which the nominations were referred. The lists also include the lengths of fixed terms, where applicable. Some commissions, councils, and other multi-member entities are required, by their enabling statutes, to maintain political balance in some way.
Date: March 18, 2008
Creator: Hogue, Henry B.; Bearden, Maureen & Lisbeth, Terrence L.
Partner: UNT Libraries Government Documents Department

The Committee on Foreign Investment in the United States (CFIUS)

Description: This report gives a brief overview of P.L. 110-49, the Foreign Investment and National Security Act of 2007. Although both the President and Congress are directly involved in formulating the scope and direction of U.S. foreign investment policy, this law broadens Congress' oversight role; it also explicitly includes the areas of homeland security and critical infrastructure as separately-identifiable components of national security that the President must consider when evaluating the national security implications of a foreign investment transaction.
Date: March 29, 2013
Creator: Jackson, James K.
Partner: UNT Libraries Government Documents Department

The Take Care Clause and Executive Discretion in the Enforcement of Law

Description: This report addresses the President's general obligation to "take Care that the Laws be faithfully executed." The report then discusses the limited role the judicial branch has traditionally adopted in reviewing discretionary enforcement decisions, including the decision to initiate a criminal prosecution or an administrative enforcement action. The report concludes with a discussion of Congress's authority to restrict executive discretion in the enforcement of federal law.
Date: September 4, 2014
Creator: Garvey, Todd
Partner: UNT Libraries Government Documents Department

National Monuments and the Antiquities Act

Description: This report discusses the Antiquities Act of 1906, which authorizes the President to proclaim national monuments on federal lands that contain historic landmarks, historic and prehistoric structures, or other objects of historic or scientific interest. The President is to reserve "the smallest area compatible with the proper care and management of the objects to be protected." The act was designed to protect federal lands and resources quickly, and Presidents have proclaimed a total of 137 monuments. Congress has modified many of these proclamations and has abolished some monuments. Congress also has created monuments under its own authority.
Date: March 21, 2014
Creator: Vincent, Carol H. & Alexander, Kristina
Partner: UNT Libraries Government Documents Department

The Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight

Description: This report provides background information and selected views on the role of the appointments made by President Barack H. Obama to his Administration or by Cabinet secretaries to their departments. Additionally, it discusses some of the constitutional concerns that have been raised about presidential advisors.
Date: unknown
Creator: Schwemle, Barbara L.; Garvey, Todd; Chu, Vivian S. & Hogue, Henry B.
Partner: UNT Libraries Government Documents Department

Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding

Description: This report discusses the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) that authorizes the President to issue major disaster, emergency, and fire management declarations, which in turn enable federal agencies to provide assistance to state and local governments overwhelmed by catastrophes.
Date: January 27, 2010
Creator: Bea, Keith
Partner: UNT Libraries Government Documents Department

Foreign Investment, CFIUS, and Homeland Security: An Overview

Description: This report gives a brief overview of P.L. 110-49, the Foreign Investment and National Security Act of 2007. Although both the President and Congress are directly involved in formulating the scope and direction of U.S. foreign investment policy, this law broadens Congress's oversight role; it also explicitly includes the areas of homeland security and critical infrastructure as separately-identifiable components of national security that the President must consider when evaluating the national security implications of a foreign investment transaction.
Date: February 4, 2010
Creator: Jackson, James K.
Partner: UNT Libraries Government Documents Department

Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding

Description: This report provides an overview of the Stafford Act and Stafford Act declarations. The report discusses the types of assistance and eligibility, funding caps and cost shares, hazard mitigation assistance, disaster relief funds, and other issues for the 111th Congress.
Date: March 16, 2010
Creator: Bea, Keith
Partner: UNT Libraries Government Documents Department

Executive Order 13438: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq

Description: This report provides a brief history of the development of presidential powers in peacetime. It discusses some of the issues that might be raised in light of the contrast between the executive order's broad language and its narrow aim. It examines the reach of the executive order and provides legal analyses of some of the constitutional questions raised in the courts by similar sanctions programs.
Date: January 19, 2010
Creator: Murphy, M. Maureen
Partner: UNT Libraries Government Documents Department

Executive Orders: Issuance and Revocation

Description: This report reviews the "definition" of an executive order and how it is distinguishable from other written instruments, and then provides an overview of the President's constitutional authority to issue such directives. It also discusses the legal framework relied on by the courts to analyze the validity of presidential actions, and the roles of the President and Congress in modifying and revoking executive orders.
Date: March 25, 2010
Creator: Burrows, Vanessa K.
Partner: UNT Libraries Government Documents Department